LOS ANGELES, Calif. - Members of the original funk band War say they can't be friends with PepsiCo.

They're suing the soft drink maker for more than $10 million, saying it did not negotiate with them to use their song "Why Can't We Be Friends" in a new commercial.

Even if PepsiCo and its advertising agency TBWA/Chiat/Day got rights from the music's publishers or anyone else who owns the rights, attorney Max Sprecher says the company should have negotiated with the artists too.

A lawsuit that the group's original members and their relatives filed Wednesday in Los Angeles says they learned the 1975 hit was in the ad for Pepsi MAX only when the commercials launched in July.

PepsiCo didn't return messages left Thursday seeking comment.